Eduard Sporken and Adriaan Bijleveld of Meijburg & Co discuss several important issues raised in a recent judgment of the Dutch Court of Appeal (Gerechtshof ...
The Court of Appeal found that there was no conflict with that principle, since the taxpayer had not substantiated specifically that the present case could be compared with the “EU state aid cases,” i.e., Starbucks, Nike, and Apple. The Court of Appeal placed the burden of proving that the transfer price applied to the surplus amount was at arm’s length on the taxpayer. The Court of Appeal based its conclusion on the transfer price documentation and the fact that, after the supply agreement had been concluded, as far as the functions performed, risk assumed, investments made, and capital utilized, almost nothing had changed in the Netherlands. After assessing the second transfer pricing report, the Court of Appeal could not conclude that the applied transfer pricing policy deviated from the arm’s-length principle. The assumed desire to be fiscally “in control” was not compatible with the fact that very large amounts of profit had been allocated to various group entities in an incorrect manner. According to the Court of Appeal, the taxpayer was unable to provide proof that the risk abatement of 22% was not in line with the arm’s-length principle. In other words, the Dutch taxpayer had a “tax control framework” (i.e., a set of processes and internal control measures designed to ensure that tax risks within its business operations were known and controlled). The Dutch taxpayer was part of an international listed group which, it might be assumed, it was fiscally “in control” of. A second transfer pricing report, prepared by a third-party adviser, had been prepared in order to substantiate the taxpayer’s position. An exception to that rule may apply in situations where valuation as a whole must take place on the basis of particular facts and circumstances. The lower District Court had ruled that, in applying an arm’s-length allocation of interest expense, a division of one-quarter debt and three-quarters equity must be taken into account for the PE in Libya (see decision of Nov. 11, 2019, by Rechtbank Zeeland-West-Brabant, no. The first question dealt with whether an arm’s-length interest rate was taken into account for a permanent establishment (PE) in Libya in connection with the application of the object exemption for the PE’s profits.
After hearing the appeal filed by Bumi Armada, the court has ruled in favour of Woodside in a dispute over an FPSO charter termination.
A $283.5 million claim disclosing the height of the damages was submitted to the Supreme Court of Western Australia in April 2016. After Woodside bought Apache’s 65 per cent interest in this field in April 2015, the contract was novated to the company the following month. The contract was set to expire in August 2018, however, it also contained options for four annual extensions.
The impeachment recommendation follows the Judicial Conduct Tribunal's finding that Hlophe was found guilty of trying to influence the outcome of former ...
The removal of a Judge of the high court by the National Assembly upon a finding of gross misconduct by the Judicial Service Commission is unprecedented… “The disciplining of a Judge of the high court for impugning a court’s integrity is unprecedented. “These include the integrity of the judiciary as a whole, and the norms by which it falls to be held accountable and the proper functioning of the Judicial Service Commission. Indeed the matter also has implications for the parliamentary process.
The incident involved a passenger sat in the rear of a white hatchback in Herluin Way.
One of the car’s rear windows was down and an unknown man, described as white and wearing orange overalls, squirted a bottle containing a clear liquid from inside the vehicle. Anyone who witnessed the assault, or may have information relevant to our enquiries, is asked to call 101 and quote reference number 5222067706. Extensive CCTV enquiries have been carried out to try to identify the vehicle and offender involved in the incident, which happened at a crossing near Asda and McDonald’s at about 4.45pm on Monday 21 March.
A Suzuki Vitara Jeep was found on the hill leading down towards St Aubin from Woodbine Stores with its engine running and significant damage to the front ...
Anyone with information about the crash, which happened at about 10pm on Saturday 18 June, is being asked to phone the States police on 612612 or Crimestoppers on 0800 555 111. A Suzuki Vitara Jeep was found on the hill leading down towards St Aubin from Woodbine Stores with its engine running and significant damage to the front passenger side . A WITNESS appeal has been issued after a driver fled following a serious road crash.
Malaysian FPSO leasing company Bumi Armada has lost its appeal in relation to a 2020 court decision in which it had lost…
In its first quarter presentation, Bumi Armada said that the Armada Claire would be sold or scrapped in 2022. Apache then, in 2015, sold its Australia operations to Woodside, which eventually terminated the FPSO contract. Bumi Armada, via its Armada Balnaves subsidiary, deemed the termination unlawful, and then took legal action against Woodside, seeking a $283.5 million compensation.
North Yorkshire Police is appealing for information after a teenage boy was assaulted at The Flatts land behind the leisure centre in Sowerby, Thirsk.
T. he Met Police has launched an appeal to find a possible witness following the rape of a teenage girl in north London. The victim, a girl in her mid-teens, ...
Police were called to Fore Street where a woman, who identified herself as “Sandra”, spoke to the victim and comforted her. he Met Police has launched an appeal to find a possible witness following the rape of a teenage girl in north London. The woman identified herself as “Sandra” and comforted the victim before the police arrived
The residents of the nine communities of Vassiliko gave the green light to their legal advisers to investigate the possibility of taking legal measures ...
Witness who left on 149 bus as police arrived could provide 'crucial' evidence, Scotland Yard says.
While she waited at a bus stop for officers to arrive, a woman who identified herself as Sandra spoke to her and comforted her, Scotland Yard said. This is a very serious allegation of sexual crime against a young girl and I would appeal to this lady, or anyone else who has any information to come forward and tell us what you know. Police are appealing to find a woman who comforted a teenage girl at a bus stop who had been raped while leaving a block of flats in north London.
Action Society spokesperson Kaylynn Palm said with the ongoing violence, including gang violence in parts of Cape Town, safety of children during this time is ...
We find that we now have women sleeping with children under bridges, we now have women roaming around with children in the middle of the night. The programme is expected to commence on Monday, 27 June. So often, they have no choice but to leave their kids in unsafe situations.
A crashed vehicle was found in the middle of a road with "significant damage" to its passenger side.
The BBC is not responsible for the content of external sites. Police are appealing for information after a driver left the scene of a crash in Jersey. They are asking for any witnesses who could identify the person driving the vehicle, including a woman who arrived at the scene shortly after the crash and saw a person walking away.
KUALA LUMPUR (June 24): Bumi Armada Bhd has failed in its bid to appeal against an Australian court's decision that favours its former client Woodside ...
On Jan 24, 2020, the court delivered its judgment in favour of WEJ. The outcome led Armada Balnaves to file an appeal in March 2020 at the Court of Appeal of the Supreme Court of Western Australia, which on Friday (June 24) upheld the Supreme Court's decision and ordered Armada Balnaves to pay WEJ's costs. Hence, Armada Balnaves had on March 14, 2016, filed a lawsuit seeking US283.51 million against WEJ in the Supreme Court of Western Australia. The sum it sought comprised payment Armada Balnaves claimed it would have been entitled to, had the contract not been breached and US$7.7 million for work done and materials supplied.
A decision issued by the Court of First Instance, which is the primary court, whether in a civil or criminal matter, may be appealed before the Court…
The matter could also be returned to the court of first instance in some situations. The appeal has to be filed within 30 days from the date of issuance of judgement under Article 159 of the Civil Procedures Law, unless the statute stipulates otherwise. The public prosecutor may appeal within 30 days from the time the judgement is rendered. In all such instances, it is crucial that experienced lawyers who have extensive skill and expertise to deal with these matters are hired, who can take on such cases and help in getting optimal results. The appeal is to be filed by submitting a pleading under Article 162 of the Civil Procedures Law. The pleading includes a statement of the appealed judgement, grounds of appeal, motion and information on the name of litigants and their details including capacities and their domiciles, amongst others. Under Article 158 of the Federal Law No 11 of 1992 (Civil Procedures Law), the following decisions may be appealed:
The South African citrus industry is scrambling to avert disruptions in its citrus exports to the European Union due to changes in regulations governing the ...
Chadwick maintained that the measures are not necessary. “After deliberating the new measures for two days and realising the inherent flaws therein the EU Standing Committee on Plant, Animal, Food and Feed (SCOPAFF) withdrew the measures on 29 April. Finally, Chadwick said the new regulations are excessive. He flew to Brussels on 3 May and addressed a DG Agri meeting; essentially demanding that the measure be reintroduced. The published measures meet none of these criteria”. “The CGA and DALLRD (South African Department of Agriculture, Forestry and Fisheries) fought against this new legislation from when it was first proposed.
The Nebraska Supreme Court has denied the post-conviction appeal of a death row inmate who said his defense attorney was so inept that his right to a fair ...
Roy Ellis Jr. was convicted of first-degree murder and sentenced to death for the 2005 killing of 12-year-old Amber Harris. LINCOLN, Neb. (AP) - The Nebraska Supreme Court has denied the post-conviction appeal of a death row inmate who said his defense attorney was so inept that his right to a fair trial had been compromised. Nebraska Supreme Court denies appeal of death row inmate sentenced for killing Omaha girl
'As stated in yesterday's congressional hearings, you don't ask for a pardon if you are innocent. And, you don't decline to appeal if you know you are right ...
Mr Depp was awarded $10.35m in damages and Ms Heard was awarded $2m. “I think that’s inconsistent, and you can’t have an inconsistent verdict.” “I retweet articles all the time. And, you don’t decline to appeal if you know you are right.” The legal teams of the actors met in court on Friday, but it remains unclear if they discussed a settlement. ‘As stated in yesterday’s congressional hearings, you don’t ask for a pardon if you are innocent.
Amber Heard is now officially on the hook for $8.35 million, and she could be on the hook for even more if she appeals the defamation verdict.
As for Amber, her rep released a statement invoking, of all things, the January 6th House hearings, stating ... she will indeed appeal, saying, "As stated in yesterday's congressional hearings, you don't ask for a pardon if you are innocent. As you know, a jury awarded Johnny Depp the $8.35M after an explosive trial. Judge in Amber Heard Case Says You Can Appeal Verdict, But It Will Cost You
The judgment may be final, but the Rum Diary co-stars' legal battle looks to be far from over.
Depp sued his ex-wife Heard in March 2019 for $50 million over a late 2018 Washington Post op-ed she bylined about becoming “a public figure representing domestic abuse.” Even though the ACLU-crafted article in the Jeff Bezos-owned newspaper never mentioned Depp by name, he claimed it “devastated” his already dimming blockbuster career. In fact, it was in the hopes of a settlement that Azcarate paused putting the judgment into the docket. Before today, it was Bredenhoft’s remarks on early-morning TV that led many to wonder whether the parties would come to a settlement before the final judgment was entered. That sum awarded was almost immediately reduced to $10.35 million by Azcarate in accordance with the state of Virginia’s punitive damages limitations. A later self-described “heartbroken” Heard had been in the room June 1 when the verdict was read out. Azcarate also informed Heard’s attorney that the Aquaman star will have to put up an $8.35 million bond with 6% interest per year for any appeal to formally move forward.
Attorneys for Johnny Depp and Amber Heard could not reach a settlement, prompting a Virginia judge to finalize the verdict in their high-profile defamation ...
“You don’t ask for a pardon if you are innocent. While jurors ruled in favor of all three of Depp’s claims of defamation, they also found that the actor’s former attorney defamed Heard in one instance, and awarded her $2 million in damages as part of her countersuit. According to the source, the court also ruled that if Heard were to bring an appeal, she would have to post bond equal to the entire amount of the judgment, plus $480,000 in interest payments.
Depp and Heard lawyers met one more time on Friday to discuss a potential settlement but no agreement was reached, making the judgment official.
In any case, Heard insists that she didn't tell a single lie on the stand during the defamation trial. A subsequent television interview with Savannah Guthrie for Today saw Heard claiming that she will stand by every word of her testimony until her "dying day." After a weeks-long trial that was broadcast on television and streamed live on the internet, a jury had determined that Heard had defamed Depp with "false and defamatory" allegations of domestic abuse.
A representative for Amber Heard indicated she plans to appeal the verdict, which was finalized after she didn't reach a settlement with Johnny Depp.
He said Depp might agree to waive the monetary damages in return for Heard's promising not to appeal the verdict. Azcarate reduced the punitive damages Heard owed to $350,000 because of limits set by state law. "As stated in yesterday's congressional hearings, you don't ask for a pardon if you are innocent," the spokesperson said. Her order also said that the amount owed by each party was subject to a 6% annual interest rate, in accordance with Virginia law. Neither Depp nor Heard was present in the courthouse. Jurors took his side in all three of his claims against Heard and granted him $10 million in compensatory damages and an additional $5 million in punitive damages.
Amber Heard may have lost her defamation trial against Johnny Depp, but she's not giving up. However, appealing the ruling could have a hefty price tag.
However, according to the Independent, it seems likely that the appeal will go forward. Heard does not have that type of money, according to her lawyer, especially after spending millions in legal fees, per the New York Post. She was even spotted shopping at TJMaxx following her legal loss, according to TMZ — interpreted as a sign of financial hardship for the famous actor. On June 5, he spent about $60,000 at a restaurant called Varanasi in Birmingham, England, according to TMZ. While the actor seems focused on putting this all behind him, Heard is fixated on appealing the verdict.
Amber Heard's and Johnny Depp's teams convened Friday to discuss a settlement, but the legal battle continues as Heard seeks to appeal the verdict.
Bredehoft previously said that Heard is “absolutely not” able to afford the judgment, which casts doubt on the affordability of a possible appeal. Heard has continued pleading her case following the June 1 ruling. “As stated in yesterday’s congressional hearings, you don’t ask for a pardon if you are innocent.
The upfront cost of an appeal for Heard would be equal to the judgment, plus interest, plus other possible charges.
"So there are two issues here, what premium would Amber have to pay the surety to obtain a bond. A spokesperson for Heard told Newsweek, "As stated in yesterday's congressional hearings, you don't ask for a pardon if you are innocent. After the weeks-long, high-profile trial, in which Depp sued his ex-wife, Heard, for $50 million for defamation following an op-ed she wrote in 2018, the seven-person civil jury reached a verdict on June 1 largely in Depp's favor, awarding him $15 million in damages—$10 million in compensatory damages with the other $5 million for punitive damages.
It also ruled in favour of Ms Heard in some aspects of her countersuit against Mr Depp. The jury awarded Mr Depp $15m in damages after finding that he proved ...
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State Consumer Disputes Redressal Commission, Chandigarh, has upheld the order of the District Consumer Forum directing the Railways to pay a compensation ...
So, we are of the view that the District Commission rightly held that the act of the Opposite Parties for charging twice for the same travel from the same consumer, i.e. complainant, proves deficiency in service and indulgence into unfair trade practice,” says the Commission in the order. The Railways justified the decision of imposing the penalty on him. As such, a penalty was imposed on him, therefore there is no irregularity, deficiency in service and unfair trade practice. Birendera Kumar Paswan, a resident of Kajheri, Sector 52, here approached the forum pleading that he booked two train tickets of DBRT Rajdhani Express (one in his name and the other in the name of his mother Ranjan Devi) from Katihar Junction to New Delhi on August 25, 2019, and paid Rs 4,820. He said when he, along with his mother, arrived at Railway Station, New Delhi, on August 25, 2019, he was stopped by the Chief Ticket Collector and asked to show the railway ticket in original. He told the official that the tickets were booked through the reservation centre and showed all relevant documents and proofs, but still, he was made to pay a fine of Rs 5,150.
The complainant stated that at the time of purchasing the car, she had not thought that she would need to get it repaired so frequently — 6 times by the ...
It was further stated that in September 2018, the complainant again visited the dealership and reported the defect of right side tilting of car in question, after which the dealership replaced both the shockers along with all accessories and handed over the vehicle to the complainant. It was further stated that after replacing the shocker, the vehicle started tilting towards the right side while driving, which was again reported to the Customer Care of Maruti Suzuki, whereupon two officials of the dealership visited the complainant and inspected the vehicle and found that the right side of the car was down and left side was up. Maruti Suzuki India Limited, in its reply, stated that there was no deficiency in service on its part.
The legal battle between Amber Heard and Johnny Depp is far from over. During the hearing to present the final verdict in the court battle between the two ...
And, you don’t decline to appeal if you know you are right.” The team will have 21 days to appeal the verdict. The legal battle between Amber Heard and Johnny Depp is far from over.
Amber Heard has formally announced that she will be appealing the verdict in the Johnny Depp case that found her guilty of defamation.
“Taking all the evidence together, I accept that she was the victim of sustained and multiple assaults by Mr Depp in Australia,” said Mr Justice Nicol, who presided over that case. Meanwhile, Amber sat down with Savannah Guthrie for a two-part Dateline interview that concluded June 17. The news comes after lawyers for Johnny, 59, and Amber failed to come to a settlement before the final judgement was entered.
Amber Heard cannot appeal unless she settles what she owes to ex-husband Johnny Depp after losing defamation trial. In the final hearing post verdict, ...
The actress asserted that she will file an appeal to challenge the verdict from 'social media influenced' jurors. The case will be moved to the Court of Appeals of Virginia after 21 days and both parties will have 30 days to file an appeal notice, notes the outlet. In the final hearing post verdict, Judge Penny Azcarte announced that Heard must pay Depp $10.35 million in damages and an additional interest, if she wants to appeal the verdict, reports New York Post.
An amateur boxer who moved from New Zealand to Australia when he was a minor is set to be deported after two street fights that left people hospitalised, ...
It's out of character for him to disrespect women and he didn't realise he was breaking the law, he said. The Applicant told the hospital staff that he told the officers he was Covid positive to avoid being taken to the watchhouse." Van Maanen denied making a threat but said he became angry when he tried to change rooms because of a loudly snoring roommate and was stopped. "I have sent people, who have spat or coughed like that on police officers and ambulance officers to jail just for doing that," the judge said. In January last year, he was given another warning - this time from a judge - as he was sentenced to 18 months imprisonment with immediate parole for the fight in which he claimed self defence. Van Maanen conceded to the appeal tribunal that he went too far but said he felt he had no other choice, pointing out that the other man continued to pursue him "like a terminator" even after suffering the broken jaw. Released again, he continued to breach bail by not signing in at the police station. Despite Van Maanen's attempts to defuse the situation, he was then kicked in the face by his girlfriend's brother and fled to the toilet of a nearby fast-food restaurant, asking employees to call police. Police went looking for him in April 2020 after he also failed to appear at court and found him hiding in a bedroom cupboard. What resulted was a flurry of punches that resulted in the man receiving a broken jaw - and a charge against Van Maanen for assault occasioning grievous bodily harm. The first assault happened two years after moving to Australia, when he was 18 and at a work party. "He wants to be a contributing member of society and remain here in Australia where his entire family resides," Bellamy wrote.
Amber Heard issued a statement after her and Johnny Depp's attorneys failed to reach a last-minute settlement.
A source told the outlet that Heard would have to post bond “ equal to the entire amount of the judgment, plus $480,000 in interest payments” if she brings an appeal. “And, you don’t decline to appeal if you know you are right,” the statement added. “As stated in yesterday’s congressional; hearings, you don’t ask for pardon if you are innocent,” she said in a statement to The Post Friday.
One shack caught fire on Friday after electricity was restored in the area - a blaze that rapidly spread and destroyed 200 other homes.
I have got only my jacket and these clothes which I’m putting on. Two weeks ago, residents in Kwa Mai Mai suffered the same fate when hundreds of homes were engulfed by fire. One shack caught fire on Friday after electricity was restored in the area - a blaze that rapidly spread and destroyed 200 other homes.
Amber Heard can only appeal against Johnny Depp defamation trial verdict if she settles the financial damages.In the final hearing post verdict, ...
The actress asserted that she will file an appeal to challenge the verdict from 'social media influenced' jurors. The case will be moved to the Court of Appeals of Virginia after 21 days and both parties will have 30 days to file an appeal notice, notes the outlet. In the final hearing post verdict, Judge Penny Azcarte announced that Heard must pay Depp $10.35 million in damages and an additional interest, if she wants to appeal the verdict, reports New York Post.
The 36-year-old Aquaman actress Heard Amber, revealed her intention to appeal the judgement that she defamed Johnny Depp.
“Taking all the evidence together, I accept that she was the victim of sustained and multiple assaults by Mr Depp in Australia,” said Mr Justice Nicol, who presided over that case. The actress’s attorney, Elaine Charlson Bredehoft, acknowledged that she is unable to pay the $10 million fine issued on her for penning an opinion piece for The Washington Post in 2018 that, according to Johnny, strongly implied that he had abused her. The news wasn’t entirely unexpected because Amber’s spokeswoman has already stated that she intended to appeal the guilty decision against her on June 2.
Amber Heard still has a few things to say about her ex-husband Johnny Depp. The Aquaman bombshell, 36, announced her decision.
“Taking all the evidence together, I accept that she was the victim of sustained and multiple assaults by Mr Depp in Australia,” said Mr Justice Nicol, who presided over that case. Meanwhile, Amber sat down with Savannah Guthrie for a two-part Dateline interview that concluded June 17. The news comes after lawyers for Johnny, 59, and Amber failed to come to a settlement before the final judgement was entered.
Johnny Depp's team appears unfazed as they haven't filed request for injunction against his ex-wife Amber Heard yet after the final court hearing of the ...
Now, the bombshell trial that lasted for about six weeks will now enter to the Court of Appeals of Virginia after 21 days after which there will be 30 days for both parties to file for notice of appeal. Depp is also required to pay $2 million in damages to Heard including the interest. However, a source familiar with the current legal proceedings of the bombshell trial told The Post that the Pirates of the Caribbean star hasn’t planned to request for injunction.
A final judgment was given in Johnny Depp and Amber Heard's defamation case, and her rep made a pointed statement afterwards.
After the ruling was announced, her lawyers insisted that she was unable to pay the money. Before this latest development, the actress was already required to pay a hefty sum of money to former husband Johnny Depp, per the jury’s verdict. As the judge informed the star’s attorney, an appeal will require her legal team to file motions within the court on her behalf.
Sergii Martyniuk arrived in the UK without his tools so the local community came to his aid.
"He also applied for a job in some construction and building companies and there he had to pass a skill test with his own tools as well." "Just after arriving my husband started to look for a job as a carpenter and each time faced the problem that he didn't have any tools. Ms Lishchynska said: "The family that have given accommodation for us is lovely and all the people in the village are very friendly and supportive.